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<br />12. <br /> <br />13. <br /> <br />14. <br /> <br />15. <br /> <br />.QC <br /> <br />11. <br /> <br />EMPLOYEES OF AGENCY <br /> <br />A. <br /> <br />With regard to Project work, AGENCY shall be responsible for the <br />cost of regular pay to its employees, as well as cost of vacation, <br />vacation replacement, sick leave, severance pay, and pay for legal <br />holidays. <br /> <br />B. <br /> <br />With regard to Project work, AGENCY shall pay all federal and <br />state payroll taxes for its employees and shall maintain worker's <br />compensation and liability insurance for each of its employees. <br /> <br />C. <br /> <br />With regard to Project work, AGENCY, its officers, employees, <br />agents, or representatives shall in no manner be considered <br />employees or agents of DISTRICT nor shall AGENCY, its officers, <br />employees, agents, or representatives be entitled to or eligible to <br />participate in any benefits, privileges, or plans, given or extended <br />by DISTRICT to its employees. <br /> <br />OWNERSHIP - Title and full ownership rights to any products purchased. <br />or developed under this Contract shall at all times remain with AGENCY. <br /> <br />NON-DISCRIMINATION - In the performance of this Contract, AGENCY <br />shall not discriminate in recruiting, hiring, promotion, demotion, or <br />termination practices on the basis of race, religious creed, color, national <br />origin, ancestry, sex, age, or physical handicap and shall comply with the <br />provisions of the California Fair Employment & Housing Act (Government <br />Code Section 12900, et seq.), the Federal Civil Rights Act of 1964 (P.L. <br />88-352) and all amendments thereto, Executive Order No. 11246 (30 <br />Federal Register 12319), and all administrative rules and regulations <br />issued pursuant to said Acts and Order. AGENCY shall likewise require <br />each sub-agency to comply with this paragraph. In any contract that <br />Agency issues to carry out the Project, Agency shall include a provision <br />that requires the contractor and any of its subcontractors to comply with <br />the above-mentioned federal and state laws, regulations, and orders. <br /> <br />ASSIGNMENT - The rights granted hereby may not be assigned, sold, <br />licensed, or otherwise transferred by either party without the written <br />consent of the other, and any attempt by either party to do so shall be void <br />upon inception. <br /> <br />NON-EFFECT OF WAIVER - AGENCY'S or DISTRICT's failure to insist <br />upon the performance of any or all of the terms, covenants, or conditions <br />of this Contract, or failure to exercise any rights or remedies hereunder, <br />shall not be construed as a waiver or relinquishment of the future <br />performance of any such terms, covenants, or conditions or of the future <br />exercise of such rights or remedies. <br /> <br />6 <br />